CITIZENS’ RIGHT OF REPLY
(adopted 15 September 2015, Votes and Proceedings pp. 325-7)
That, during the current Parliament, unless otherwise ordered, the following
Citizens’ Right of Reply be adopted:
(1) That where a submission is made in writing by a person who has been
referred to in the Legislative Assembly by name, or in such a way as to be
readily identified:
(a) claiming that the person or corporation has been adversely affected in
reputation or in respect of dealings or associations with others, or injured in
occupation, trade, office or financial credit, or that the person’s
privacy has been unreasonably invaded, by reason of that reference to the
person or corporation; and
(b) requesting that the person be able to have consideration given to an
appropriate response being published by the Legislative Assembly or
incorporated into Hansard,
and the Speaker is satisfied:
(c) that the subject of the submission is not so obviously trivial or the
submission so frivolous, vexatious or offensive in character as to make it
inappropriate that it be considered by the Standing Orders and Procedure
Committee;
(d) the submission was received within 6 months after the relevant comments
were made in the House unless the applicant can show exceptional circumstances
to explain the delay; and
(e) that it is practicable for the Committee to consider the submission under
this resolution, the Speaker shall refer the submission to that Committee.
(2) That the Committee may decide not to consider a submission referred to it
under this resolution if the Committee considers that the subject of the
submission is not sufficiently serious or the submission is frivolous,
vexatious or offensive in character, and such a decision shall be reported to
the Legislative Assembly.
(3)That if the Committee decides to consider a submission under this
resolution, the Committee may confer with the person who made the submission
and any Member who referred in the Legislative Assembly to that person or
corporation.
(4) That in considering a submission under this resolution, the Committee shall
meet in private session.
(5) That the Committee shall not publish a submission referred to it under this
resolution of its proceedings in relation to such a submission, but may present
minutes of its proceedings and all or part of such submission to the
Legislative Assembly.
(6) In considering a submission under this resolution and reporting to the
Legislative Assembly the Committee shall not consider or judge the truth of any
statements made in the Legislative Assembly or the submission.
(7) That in its report to the Legislative Assembly on a submission under this
resolution, the Committee may make either of the following conclusions:
(a) that no further action be taken by the Committee or the Legislative
Assembly in relation to the submission; or
(b) that a response by the person who made the submission, in terms specified
in the report and agreed to by the person or corporation and the Committee, be
published by the Legislative Assembly or incorporated in Hansard by the
Speaker.
(8) That a document presented to the Legislative Assembly under paragraph (5)
or (7):
(a) in the case of a response by a person or corporation who made a
submission, shall be succinct and strictly relevant to the questions in issue
and shall not contain anything offensive in character; and
(b) shall not contain any matter the publication of which would have the effect
of:
(i) unreasonably adversely affecting or injuring a person or corporation,
or unreasonably invading a person’s privacy, in the manner referred to in
paragraph (1); or
(ii) unreasonably adding to or aggravating any such adverse effect, injury or
invasion of privacy suffered by a person.
(9) That a corporation making a submission under this resolution is required to
make it under their common seal.
(10) The provisions of Standing Order 306 do not apply to any report made by
the Committee to the Legislative Assembly under this resolution. |
